Order of the President of the General Court of 27 February 2024 – SBK Art v Council

(Case T-102/23 R)

(Interim measures – Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds and economic resources – Application for interim measures – No urgency)

Language of the case: English

Parties

Applicant: SBK Art OOO (Moscow, Russia) (represented by: G. Lansky and P. Goeth, lawyers)

Defendant: Council of the European Union (represented by: A. Boggio-Tomasaz, acting as Agent, and by B. Maingain, lawyer)

Interveners in support of the defendant: Republic of Croatia (represented by: G. Vidović Mesarek, acting as Agent), Kingdom of the Netherlands (represented by: M. K. Bulterman, A. Hanje and C. S. Schillemans, acting as Agents), European Commission (represented by: M. Carpus Carcea, C. Georgieva and L. Puccio, acting as Agents)

Re:

By its application under Articles 278 and 279 TFEU, the applicant seeks, inter alia, suspension of the operation of Council Decision (CFSP) 2023/1767 of 13 September 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2023 L 226, p. 104) and of Council Implementing Regulation (EU) 2023/1765 of 13 September 2023 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2023 L 226, p. 3), in so far as those acts prevent it from exercising its rights as stakeholder in Fortenova Group STAK Stichting and from voting in relation to the sale and transfer of shares of Fortenova Group MidCo BV by Fortenova Group TopCo BV.

Operative part of the order

1.    The application for interim measures is dismissed.

2.    The costs are reserved.

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